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Senate | March 19, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order, the Sergeant-at-Arms will close the doors, members will go to their seats, members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer is Rabbi Lucy Dinner of Temple Beth Or in Raleigh. Rabbi Dinner is the guest of Senator Stein, all members and guests in the gallery will please stand. Senators, it is an honor to be here before you in this gallery. It is an honor to be here before you in the service that you provide for our great state, and so I ask that God's presence be in service, God's presence be here with you, that we pray that we are not here for our own riches, but the riches that are ours lead us to generosity in sharing with others, that we are not here for our own beauty, but the fairness that is ours lead us in modesty in the way that we face our community, that we are not here for our own power, but the power that is ours shall lead us to influence others with greatness, with wisdom, lest arrogance take over our nature. We pray that we are here for honor, so that our honor shall come to us with understanding, lest esteem cause us to forget those who need a helping hand. We pray that we understand our talent, lest we forget that our gifts are only leant to us, that our gifts are a mark that we should not lose our humility, knowing full well that our talent comes only from another. We pray that we stay far from trouble, so that we shall understand that the troubles that others face shall be put before us as a challenge, so that we shall stand with them in their time of need, and not stand in blame. We pray in times of sorrow, that when grief enters our life, we will have the fortitude to bear the trials that are ahead with patience, to be a comfort to those who are around us. We pray, most of all, that we are here with modesty, wisdom, understanding, humility, and courage; with fortitude, with the leadership that the position demands, that in Your presence, o Great Wonder and Creator, we will bring goodness to this land, to this place, to this great state, Amen. [SPEAKER CHANGES] Senator Pate is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal at Monday, March 18th, 2013 has been examined, and is found to be correct. I move that the Senate dispense with the reading of the journal, and that it stands approved as written. [SPEAKER CHANGES] Without objection, the journal for March 18 stands approved as written. Leaves of absence are granted for Senators Tucker, Ford and Parmon. Members of the Senate, our nurse of the day is Alicia Frye of Durham, North Carolina. Miss Frye, if you would stand up, she is in the back of the chamber. [applause] We thank you for your service. Ratification of bills, the clerk will read. [SPEAKER CHANGES] ?? The enrolling clerk reports the following bills duly ratified

I properly enrolled and to the office of Secretary of State Southfield 33 in act to repeal the law prohibiting a setting of steel traps on certain rented our lease land in Cleveland, Polk and Rutherford Counties. [SPEAKER CHANGES] Reports of standing committees: Senator Jackson. Set forward your report. [SPEAKER CHANGES] Set forward for committee report. [SPEAKER CHANGES] Set forward your report [SPEAKER CHANGES] Corporal Reed. [SPEAKER CHANGES] Senator Jackson for the environmental, agricultural and natural resource comittees. ?? Centerville 205118 unnecessary testing of animal waste. Favorable. [SPEAKER CHANGES] Senator Meredith, for what purpose do you rise? [SPEAKER CHANGES] Send forth ?? report. [SPEAKER CHANGES] Send forward your report. [SPEAKER CHANGES] While that’s coming up, senate bill 205 calendar. [SPEAKER CHANGES] Senator Meredith, commerce, committee submits for passage 148 exempt bill for trap tuning electrical cords. Favorable. Senate bill 175, banking laws, clarification correction. Unfavorable as to bill but favorable to committee substitute bill. [SPEAKER CHANGES] Senate bill 148 calendar, Senator 145 calendar. Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Send forth the committee report, Mr. President [SPEAKER CHANGES] Send forth report. [SPEAKER CHANGES] Corporal Reed. [SPEAKER CHANGES] Now ?? be for judiciary 1 committee submissive or passive, unfavorable to bill 200 but favorable to committee substitute bill. Titled an act of extended time for local forensic science labs to obtain accreditation. [SPEAKER CHANGES] Senator bill 200 calendar. Senator Davis, for what purpose do you rise? No report. Courtesies of the gallery are upon motion of Senator Bob Rucho of Meklenburg county. The chair is happy to extend courtesies to the associated builders and contractors of the Carolinas. Sixth Annual hardhat legislature day, if you are here if you would please stand to be recognized. In addition to that, I think former Senator Jackman was in the chamber and is now back here. Welcome back senator Jackman. Anything further before we go to the calendar? Senate bill 9, the clerk will read. [SPEAKER CHANGES] Senate bill 9,utilities design survey location services. [SPEAKER CHANGES] Senator Meradith, for what purpose do you rise? [SPEAKER CHANGES] Expalain the Bill sir. [SPEAKER CHANGES] You have the floor, [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate, This is a very simple bill, currently in law, locators will go out and locate if you are doing excavation but they will not go out if you are a surveyor or engineer. This bill would ask locate companies to go ahead and locate surveyors and engineers so that when they are designing sewer and water lines within the right of ways that they will put the services in the proper They go out and do the excavation that there will already be existing services under the ground and that it would have to be redesigned. I would appreciate your support and if you have any questions I would be more than happy to answer. Thank you. [SPEAKER CHANGES] For other discussion or debate. Mr. McKissick, for what purpose do you rise? [SPEAKER CHANGES] Send forth amendment. [SPEAKER CHANGES] Send forth your amendment. Do your members have copies? [SPEAKER CHANGES] They do [SPEAKER CHANGES] ??

Senator McKissick moves to amend the bill. [SPEAKER CHANGES] Senator McKissick, you have the floor to explain the amendment. [SPEAKER CHANGES] It's just a simple amendment that would exempt those developments where they have private utilities with 100 and fewer users. My understanding is Senator Meredith does not have any objections. [SPEAKER CHANGES] Further discussion or debate? Senator Meredith, for what purpose? [SPEAKER CHANGES] Speak on the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, I did talk to Senator McKissick after our committee meeting and he had brought up that some of the smaller utility and water companies may not have the ability to do this within the time frames that were allowed. So we thought that we'd exempt them. We talked to the surveyors and the engineers and they said that they did not have any trouble with this. I called both associations. I would ask for your support of this amendment and the bill. Thank you. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage of Amendment 1 to Senate Bill 9. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. Forty-seven having voted in the affirmative and none in the negative. Amendment 1 to Senate Bill 9 passes and the bill is back before you on second reading. Further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 9, as amended, on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. Kinnaird, aye. Forty-seven having voted in the affirmative and none in the negative. Senate Bill 9 passes its second reading and without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, all in favor of the passage of Senate Bill 9 on its third reading will say aye, all opposed no. The ayes have it and Senate Bill 9, as amended, passes its third reading and will be ordered enrolled and sent to the House. The amendment will be engrossed, I'm sorry, and sent to the House. Senate Bill 168, the clerk will read. [SPEAKER CHANGES] Senate Bill 168, Clarify Education Reporting Requirements. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Explain the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] We have various reporting requirements that we put on the State Board of Education and DPI. These are some of the few reports that either lay on the shelf or go nowhere. Senator Tucker has been looking into that as part of our regulatory reform. And this an example of two or three of these reports that we're not eliminating from the requirement of having these reports. They just don't have to come back and report to us until such time that we would ask for that specifically. Otherwise, we don't have to have these made annually from the State board. That's all that does, clarifies the law. [SPEAKER CHANGES] Further discussion or debate? Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Tillman a question. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator, question is we put a lot of work in at least looking at drop out prevention and so forth. In part of Section, part 2 here, what the bill does is in a case that a student is getting behind in terms of they're at risk of academic failure, as well as they're getting behind in terms of graduation and promotion, it triggers then the ability for a personal education plan to be put in place working with teachers, parents and so forth. My question would be if we are interested in tracking academic success, why would we strike here a provision that allows DPI to at least help us understand if this is working or not? [SPEAKER CHANGES] I am not sure, at least my computer don't show that so let me go to the hard copy here.

of the matter after ?? ?? ?? ?? ?? ?? ?? ?? times hand the two-day that this is a man, stymie five featuring seven west of the five ages 25 to 27 this time and that the commission is that happened here, though, at one - of-seven statement as I happen to have-you- this trend as of that stuff about the division that, that two-handed and education, and the school systems commands to strive this has this happened that the half-day that have commented that time, and if, as the city that have made at the SMS-fashioned and that I must have sent via that the on-wheels - Corsi has the weekdays 10 times as the events and if they find information policeman of times we have faced with a slate of way and that's even have a percentage is point the only outsider, sex and it's executing five years, and it finds time to act in the history of the city has no used as part of the U.S. and the situation plans in place when he finds times on top of state and was academically of the end of the times this is taking place for the whole school districts of reporting basic numbers and fax to be beyond riled some question as to why that we now to get connected not as a seasoning for information assembler, from the district nine times of us know that the cell her statement of facts of the plane spokesman said missing the same time the sentence year in this, that leaves a hole when the state can see that the end of the assassin took a time that's a question that this up and sing along that this could happen in schools and teachers of the best of the process has planned requires China and have some idea why are they not have seen at least as Spain and if he's a parking lot and I'm in the midst of an ActiveX schools in this whole process is working this- the same time senate has passed a tragic end of the stage of medicine that they acted as seven-home pay is good-hearted, at that, that if the savannas-to-day this has been handling the evidence for the signs and David, this has happened, and that is the Data Service, state that the time she was in that issue have happened and that, if this happens, then, some of them is out of the then-tier of this presidency, the below the level of that is on hiatus and Lisa day Sunday on day 5¢, and wanted these have not seen since the warmth of times they'll have a small theater -distance service is this any more than seven times said Monday's report is this is not science and it's not a lot of different again were ?? ?? …..

Talking about trying to understand data centered around helping students to be academically successful. This is, in my opinion, an ability for us to connect the dots. I mean, at some point there was a decision made to actually pass the legislation, to allow the personal educational plan. So we authorized a plan, the PP, but we're saying today, well, oh, we don't even care about the data. Well, if we don't care about the data, why do we authorize the plan? We did it because the personal education plans allow in this situation for parents to sit down with teachers to chart the course for students who are already academically behind. This is an opportunity for us, on a broad based effort to even see, one: does the process work? Okay? I would want to know, I would be interested in how many students in the state are on PPs because they're academically behind, and now, let's give it some time and see the progress, how many come off PPs. I mean, there's some valuable data here that we can capture and actually benefit, and this is simply a simple oversight, or a report that would go to the oversight committee. So I would ask for us to, if it's possible, I still have just a few questions, I'm really, would ask of Senator Tupper, who's originating this, we realize he's not available, otherwise I would ask for us to either, you know, I would hate to defeat the whole bill, or ask for that, I just have concern about this provision, and I would ask if we couldn't do something, maybe object to the third reading today. [SPEAKER CHANGES] Senator Tillman? You're authorized... [SPEAKER CHANGES] Mr. President? Senator you had every opportunity to put forth... [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Speak a second time. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senator, you had every opportunity to do an amendment and I don't see one, and if you believe that DPI can help a kid in the classroom, then you've got more faith than I do. I have asked you to vote for this bill or if you like Senator Davis' motion, vote against it. [SPEAKER CHANGES] Mr. President? Mr. President? [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To ask the bill drafter a question, please, I mean the bill's sponsor, Senator Tillman. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] I'm not sure what version you have of this, I have that piece of paper, but on the last page, part six, it says repeal child nutrition state standards, end report. Are you repealing all nutrition state standards? [SPEAKER CHANGES] No, ma'am, we're not. [SPEAKER CHANGES] Just the report? [SPEAKER CHANGES] Just the report. We have Federal standards, state standards, we're still obligated to go by just the report, it's not needed. [SPEAKER CHANGES] Senator Robinson, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I simply, since Senator Tucker isn't here, certainly, and Senator Tillman, I do agree on some of the educational issues, and I know that Senator Tucker's the sponsor, but I do want to say that maybe we should object to third reading, I will, but that little piece in there, Senator Tillman, if you look at what even the Excellent Schools Act does, it does include the personal education plan, identifying those children, okay, early on, if they have problems, there's a plan to address those problems, whoever's included in that plan, counsellors, teachers, parents, et cetera. Then there are reporting requirements, and all the way through there has to be some accountability at the end. Now, certainly, maybe DPI hasn't done it, or whoever, but at the end of the day, we need to know if what the folk have done to help those children to achieve, to improve, there are deficiencies in those areas, is really working, if they've done due dilligence in making sure that those kids, by grade three, are going to be able to read. And those reports are going to come to us. So I would say that at least the part in there that says that there has to be a report to DPI in terms of

…what has happened with those kids in terms of that personal education plan, what has taken place, what the outcomes have been so that there is some accountability to make sure they’ve done what they should and then that we finally get the information that we’re assured that before a child is retained or whatever that process is going to be, some summer school, et cetera, that those LEAs are doing their responsibility. So, I’m not objecting to the overall reporting pieces because some of the reports are unnecessary. But this one, those that help to ensure that the folk who take care of the education of our children are accountable are very critical. This is one because it says, “Kindergarten all the way through,” and we’re looking at making sure that every child by grade three is reading. Those children are proficient. So, for those kids who come to school not ready, there has to be a personal education plan in place, there have to be certain student tutorials, additional resources. People have to make sure they’re doing what they should to make sure those kids in every grade are moving up. So, I would say that Senator Tillman, and I know that you and I agree on some of the reports are a little bit unnecessary, but this one is critical. This one is critical and we need to make sure there is accountability here. So, I’d like to object to third reading. You may vote for the bill, or whatever, but I certainly will object to third reading. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Senator Tillman yield to a question please. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Tillman, in this bill, I know it’s not your bill but it’s Senator Tucker’s bill, are we getting rid of PEPs? [SPEAKER CHANGES] We don’t need PEPs down here. PEPs can be done in the schools and they’re required on certain students, handicapped learning students, they are required for a certain number, and schools now have gone to doing a PEP on every student. Folks, if you can’t cure it at the school level, we surely don’t need to be tampering with it down here. I don’t see it. [SPEAKER CHANGES] Follow-up, Mr. President. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Yield. [SPEAKER CHANGES] Senator Tillman, when you do that PEP in the classroom does the teacher not send it to the principal and then the principal send it to the superintendent, the superintendent to the local school board who measures the effect of these PEPs and how these children are performing? [SPEAKER CHANGES] Yes they do, and that’s the only place of accountability we have is at the local school and the school district level, yes sir. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Pate, for what purpose do you rise? [SPEAKER CHANGES] To inquire if the gentleman from Randolph would yield to a question. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Tillman, would you say that with this bill the DPI is not doing anything with these reports that are coming into them as important as the information might be so therefore, if they’re not going to do anything with the reports we should not compel them to even receive the report? Is that the genesis of this bill? [SPEAKER CHANGES] Senator Pate, they are doing nothing with these. If we need them then we can once again call them back up and call them before the Education Oversight Committee. They don’t do anything with them at all and we have not done anything with them in my memory, no sir. [SPEAKER CHANGES] Further discussion or debate. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Robinson, for what purpose do you rise? [SPEAKER CHANGES] A question of Senator Tillman, please. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] Happy to. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Related to this, Senator Tillman, in the Excellent Schools Act that these children, and they are certainly included in there, where will the reports come from, where will the data come from in terms of if children are performing and are proficient, and able to read by grade three and meet all the other requirements? Where will that data come from? [SPEAKER CHANGES] Senator Robinson, I don’t know where it will end up. But I know the people that will make a decision on whether you can read or not by fourth grade will be made at the school level between teacher and parent and that’s always the way it’s been. I do not know that we need that information. I’m not sure what the fine points of that bill call for, but I don’t see a need for that to come down here either. Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Tillman a question. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] I’m following up on Senator Robinson’s question. If a person were doing research, how would they get this data? Would they have to go to each school? [SPEAKER CHANGES] Researchers constantly ask school boards, school systems for information…

?? That's the best source of it. Once it's diluted down--down here, in two or three steps, it's practically worthless. They can get it at the source--it's the best place, and we always fill out those questionnaires and surveys, and that's where you get the information. It's live, and on time, and basically it's the right information. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] You yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Tillman. He yields. [SPEAKER CHANGES] We have 115 school districts. Is that correct? [SPEAKER CHANGES] 115. [SPEAKER CHANGES] So, if-- [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Follow up, yes. [SPEAKER CHANGES] He yields? [SPEAKER CHANGES] Yield. [SPEAKER CHANGES] So if a researcher wanted to get this, they'd have to go to 115 sources? [SPEAKER CHANGES] They wanted it bad enough, yes ma'am. [SPEAKER CHANGES] Further discussion or debate? Hearing on. The question before the Senate is the passage of Senate Bill 168, on its second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. 40 having voted in the affirmative and seven in the negative, Senate Bill 168 passes its second reading. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] And without objection of ?? [SPEAKER CHANGES] Mr. President. Objection to third reading. [SPEAKER CHANGES] And a third reading having been objected to, the bill will remain on the calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, what ??-- [SPEAKER CHANGES] Motion, please, relative to the calendar. [SPEAKER CHANGES] State your motion. [SPEAKER CHANGES] Thank you, Mr. President, members. Senate Bill 36, APA Technical Clarifying Changes, is on the calendar for concurrence. Ask that it be removed from today's calendar and placed on Thursday's calendar, March the 21st. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] Thank you, Mr. President. Additional motion, Mr. President. [SPEAKER CHANGES] State your motion. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 223, Severance and Relocation for Area Directors, was heard in Health Care Committee. It was re--a serial referral to the Appropriations Committee, and we've been informed by Appropriations it doesn't need to be there. We ask that it be removed from Appropriations and placed on the calendar for Tuesday, March the 26th, 2013. [SPEAKER CHANGES] Without objection. So ordered. Members of the Senate, we're now going to go to the introduction of our pages. I'd ask the pages to come to the front of the chamber for introduction. Clerk will read. [SPEAKER CHANGES] Pages serving in the chamber this week. Garrett Chavis from Raleigh. Kim De Jr., Henderson. McCain Carr from Monroe. Lydia Keener from Morganton. Shelby Layton, Fayetteville. Richard Perrigo, Roxboro. Addison Starns, Morganton. Zachary Taylor, Raleigh. Evan Eupedia, Durham. Reneesa Zack, ?? and Jimmy Zack, ??. [SPEAKER CHANGES] Pages, we thank you for the service this week. I'm sure you will find it to be a most memorable experience. Take advantage of the opportunity you have to speak to the members of the Senate, as you work during this week, and if you have questions of them, I'm sure they'll be more than willing to accommodate any inquiries that you make of them. Notices and announcements. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members of the Senate, right outside the chamber door, on the other side of the chapel, is our copy of the North Carolina Bill of Rights. The actual copy that we got back from--from the bunch of thieves that stole it from us a few years ago. Please go outside and see the living part of history, and for our pages, please go see it. And also ask Senator Allran what it was like being a page that day. [SPEAKER CHANGES] Further notices or announcements. Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brunstetter, for what purpose do you rise? [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members, you may have read that the Governor will be releasing his recommended budget tom--

and on Thursday morning we will be having a joint appropriations based meeting where we will be briefed on that budget all members are invited to attend that briefing that should run 8-10 room 643 a joint meeting with the house further notices and announcements. senator Davis what purpose do you have to rise Mr president out of order i would like to send forth a committee report you were looking for earlier send forward your report senator Davis state and local committee submits the passage sent bill 229 on ocean isle beach sea turtle sanctuary favorable senator bill 229 calendar further notices or announcements further business to come before the senate if not the chair recognizes senator Pete for motion thank you Mr president i move the senate now due adjourn subject to the introduction of bills and resolutions you will receive the committee reports and the receipt of messages from the house and the governor to reconvene on Wednesday march 20th 2013 at 2pm the motion is that the senate now do adjourn subject to the stipulations said by senator Pete to reconvene Wednesday march 20th 2013 at 2pm 2nd by senator heartzle all in favor say i all appose no the eyes have it and the senate stays adjorun